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okanagan lake directory, waterfront vacation rentals, local businesses, shopping, vernon, kelowna, westbank, westside, winfield, kaleden, oyama, peachland, penticton, summerland, naramata

N.O.W.E.S.I. or also called Sugar Loaf Transfer Station

in the

Regional District of Central Okanagan (RDCO) or

Central Okanagan Regional District (CORD)

Local Service Area Bylaws define the "Service Area" for Garbage Disposal

Comment Form Below

LAST UPDATE January 25, 2015

Click on your refresh button in the top menu, to be sure you see any updates.

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North Westside Road garbage disposal "Local Service Area" Maps which show the defined local service areas.

The latest bylaw for 2009 that defines the local service area is .pdf icon Solid Waste Management Local Service Area Establishment Bylaw No. 577, 1993 described near the bottom of this table.  As far as we can tell, and from what RDCO told us in the November 30, 2009 letter posted below this bylaw is still current.

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.pdf icon Bylaw 1253, 2009 - Repeals Bylaw No. 1162

A bylaw to provide for the regulation of solid waste.

"Collection Area" means the area shown on the drawing attached to this bylaw as Schedule "A".

The .pdf icon "Schedule A" map shows the "Local Service Area" as being Central Okanagan West and Central Okanagan East.

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.pdf icon Bylaw 1162, 2006 - Repeals Bylaw 580 - Amended by Bylaws No. 1164, 1183, 1223 - Repealed by Bylaw No. 1253

A Bylaw to provide for the regulation of solid waste.

"Collection Area" means the area shown on the drawing attached to this bylaw as Schedule "E".

.pdf icon The "Collection Area" map shows Regional District of Central Okanagan Electoral Areas and it outlines Indian Reserves but not sure that the reserves are included.

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.pdf icon Bylaw 875, 2000 - Amends Bylaw 580

Being a bylaw to amend the Regional District of Central Okanagan Solid Waste Management Regulation Bylaw No. 580.

3. f) Delete definition of "Garbage Collection Area" and replace with a new definition: "Garbage and Recyclable Materials Collection Area" means Electoral Areas G, I, and Westbank, and the District of Lake Country, excluding areas falling within the boundaries of the City of Kelowna, the District of Peachland, or Indian Reserve Lands.

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.pdf icon Bylaw 758, 1997 - Amends Bylaw No. 580

Being a bylaw to amend the Regional District of Central Okanagan Solid Waste Management Regulation Bylaw No. 580.

Amend Section 1.0 as foIlows:

a) Delete definition of "Garbage CoIlection Area" and replace with a new definition: "Garbage CoIlection Area" means Electoral Areas G, Westbank and I, excluding areas faIling within the boundaries of the City of Kelowna, the District of Peachland, the District of Lake Country or Indian Reserve Lands.

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.pdf icon Bylaw 580, 1993 - Amended By Bylaw No. 591 & 663, 758, 875 - Repealed by bylaw 1162, 2006

A bylaw to provide for the regulation of solid waste management facilities.

"Garbage Collection Area" means Electoral Areas A, G, H,and I, excluding areas falling within the boundaries of the City of Kelowna, the District of Peachland, or Indian Reserve Lands.

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.pdf icon Bylaw 577, 1993 - RDCO's website does not say if this bylaw has not been repealed or amended, and we think it has not been repealed or amended because look at the letter below that RDCO sent us to explain the local service area.

A bylaw to establish a local service to provide for the Management of Solid Waste within the Electoral Areas of 'G', 'H', 'I' and' A' .

1. The Regional Board of the Regional District of Central Okanagan hereby establishes within Electoral Areas 'G', 'H', 'I' and 'A' a local service for the purpose of providing regulation, storage and management of solid waste, including but not limited to, the collection, removal and disposal of refuse and recyclables, and to be known as the "Regional District of Central Okanagan Solid Waste Management Local Service Area".

2. 'The participants in the local service, established under Section 1, are Electoral Areas 'G', 'H', 'I' and 'A'.

3. The boundaries of the service area are the whole of Electoral Areas 'G', 'H', 'I' and 'A'.

WOULD ELECTORAL AREA "H" WESTBANK STILL BE INCLUDED IN THE REGIONAL DISTRICT OF CENTRAL OKANAGAN LOCAL SERVICE AREA FOR GARBAGE DISPOSAL?  ISN'T WESTBANK NOW CALLED WEST KELOWNA AND IT IS ITS OWN MUNICIPALITY NOW?  WOULD BYLAW 577 BE INVALID FOR THIS REASON?  WOULDN'T ANOTHER BYLAW BE REQUIRED?

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Nov 30, 2009 Letter from Regional District of Central Okanagan explaining the bylaws that define the "Local Service Area" for garbage disposal in the North Westside Road area for NOWESI (Sugar Loaf) transfer station.

Nov 30, 2009 letter from RDCO explaining the definition of the local service area for Sugar Loaf transfer station

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Map of Central Okanagan "J" in 2007

Map of Electoral areas G, H, and I in 2006

RDCO Map

Boundary Changes for Westside (OIC 653) dated Oct 4, 2007, Date Gazetted Oct 25, 2007

Here are electoral area maps of the Regional District of Central Okanagan at BC Stats

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.pdf icon June 22, 2009 Regional District of Central Okanagan Regional Board Minutes

5.3 Regional District of Central Okanagan Security Issuing Bylaw No 1260, 1st, 2nd and 3rd readings and Adoption (All Directors - Unweighted Vote)

BAKER/OPHUS
THAT Regional District of Central Okanagan Security Issuing Bylaw No. 1260, 2009 be given first, second and third readings, reconsidered and adopted this 22nd day of June 2009.

CARRIED

Bylaw 1260

NOW THEREFORE the Regional Board of the Regional District of Central Okanagan in open meeting assembled enacts as follows;

1. The Regional Board hereby consents to financing the debt of the City of Kelowna in the amount of Seven Million Five Hundred Thousand dollars and 00 cents ($7,500,000,00) in accordance with the following terms.

Automated Collection Curbside Carts $7,500,000.00
Term of Issue: 10 years

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Here is a link to all of RDCO's Letters Patents and OIC's

Letters Patent are the basic rules, approved by the Provincial Government (Lieutenant Governor in Council or Cabinet), that incorporate the regional district and its electoral areas by name and defined boundaries. The Letters Patent also outline the voting units for the regional district, determining how many directors are appointed from member municipalities and how many votes the directors have when an issue discussed by the regional board calls for a weighted vote. The Letters Patent set out the political and administrative framework for the delivery of services with the regional district’s defined geographical boundary.

Here is a listing of just some of the LP and SLP found on RDCO's website

[01 Letters Patent Index]

[02 Orders in Council]

[03 Electoral Areas]

[04 Hospital District]

[05 Kelowna Boundary Extensions]

[06 Lake Country]

[07 Peachland]

[08 Regional District of Central Okanagan]

[09 Special Events]

[10 West Kelowna]

[11 Letters Patent Functions - Supplementary Letters Patent]

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[02 Orders in Council]

OIC 0026 Amendment Black Mountain Irrigation District.pdf

OIC 89 2005.pdf
Local Government Act, sections 17, 18, and 777 - 55/2005/13

OIC 0131 1996.pdf

OIC 144 2005.pdf
Local Government Act, sections 20 and 782: Community Charter, section 6 - 78/2005/13

OIC 161 1978.pdf

OIC 161 Jan 20 1978 Septic Tank Effluent Disposal

OIC 179 1995.pdf

OIC 213 2007.pdf
Grants Power for Explosives
Local Government Act, R.S.B.C. 1996, c. 323, section 799 - OIC 1745/89 - R 1123/2004/12

OIC 332 2002.pdf

OIC 377 Amendment of Irrigation-Improvement Boundaries.pdf

OIC 413 1995.pdf

OIC 437 1999.pdf

OIC 455 1987.pdf

OIC 477 1989.pdf

OIC 555 2006.pdf
Grants SLP to RDCO and Kelowna
Local Government Act, R.S.B.C. 1996, s. 20 Extension of Municipal Area and 782 Creation or restructure of municipalities,
and Community Charter s. 6 Municipalities and their councils
Other - 582-2006-15

OIC 564 1977.pdf
Weed Control

582 2006 is not on RDCO's website

OIC 615 1969.pdf
Appendix A of the Letters Patent of the Regional District of Central Okanagan be amended by striking out the descriptions of Electoral Areas G and H and substituting the following

OIC 634 2006.pdf

OIC 653 Westside Incorporation.pdf

OIC 772 2004.pdf

OIC 784 2005.pdf

812 1960 Not on RDCO's website
Community Planning Area 1 pursuant to OIC 1171
Melville William Marshall be appointed member of Zoning Board of Appeal for Community Planning Area 1 for 3 years

OIC 836 1969.pdf
Regional District of Central Okanagan has requested that certain further functions be granted the regional district:
Division IV.-Regional and Community Planning
Division V.-Building Regulation

OIC 837 2004.pdf

OIC 844 BC Reg 346 2008-Intermunicipal Business Licensing.pdf

OIC 944 1974.pdf
March 19, 1974 WHEREAS the Regional Board of RDCO requested that the RD be empowered to undertake the functions of septic tank effluent disposal and acquisition, establishment, development,
regulation and maintenance of garbage collection disposal.

OIC 993 1996.pdf

OIC 1044 1995.pdf
Business Licensing and Regulatory powers - OIC 1044 - OIC deposited as BC Reg 355/95

OIC 1160 2004.pdf

OIC 1171 - 1959 rescinds OIC 1302 and OIC 2452 not on RDCO's website
Provincial Community Planning Local Area

1304 1964 not on RDCO's website
1304/64 Adopted the OCP for Community Planning Area Number 7

OIC 1354 1995.pdf

1373 1966 not on RDCO's website
Amendments to OCP for Community Planning Area Number 7 Regulation, pursuant to OIC 1171/59
1304/64 Adopted the OCP for Community Planning Area Number 7

OIC 1475 1975.pdf
Weed Control

OIC 1487 1974.pdf
Garbage Disposal - amend boundaries of Electoral Area I

OIC 1558 1995.pdf

OIC 1711 2000.pdf

OIC 1713 1993.pdf

OIC 1745 1989.pdf

OIC 1751 1969.pdf

OIC 1965 1969.pdf
Noxious Insect Control

OIC 2312 1986.pdf

2452 - 1951 not on RDCO's website
defines the Kelowna Regulated Area

OIC 2621 1968.pdf
Redefinition of Electoral Areas C, D & F boundaries,
Addition of Electoral Area I,
Local & Contract Works & Services - 15 Aug, 1968

OIC 2731 1967.pdf
Member Municipalities are
(a) City of Kelowna and The Corporation of the District of Peachland
(b) Electoral Areas A, B, C, D, E, F, G, and H, defines boundaries

OIC 2799 1979.pdf
WHEREAS by SLP dated July 31, 1973, as amended by SLP dated May 13, 1976, RDCO was granted the function of Division XIV - Community Parks with Electoral Areas G and H as participating member municipalities.
AND WHEREAS the Regional Board of RDCO does not have the possession or control of land in the said participating member municipalites dedicated to the public for a park or public square by subdivision plan deposited in the Land Registry Office and the Regional Board has requested that the function of Division XIV - Community Parks be further amended to provide the Regional Board with authority pursuant to section 627 of the Municipal Act to have the possession and control of land designated as park on Subdivision Plan 21925 containing 4.56 acres and situated within Electoral Area G.
To develop, manage, maintain, and operate the property designated as park for park purposes.
Excluding public library buildings.

OIC 2802 1980.pdf

OIC 2842 1976.pdf
Approved and Ordered Sept 24, 1976 function Division XVI -
Garbage Disposal and Collection be amended - to include all of Electoral Area G and to amend the apportionment of costs

OIC 3325 1975.pdf
Redefine the boundaries of RDCO and Electoral Area I

OIC 3363 1969.pdf
Establishment of OBWB

OIC 3409 1969.pdf
Amendment to Regional & Community Planning Function.
Community Planning Areas 1 & 2 - 30/10/69

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[03 Electoral Areas]

.pdf icon SLP 1969 Redefine boundary - Areas G-H Feb 28.pdf

.pdf icon SLP 1973 Redefine boundary Area I - change Voting Unit 4000.pdf

.pdf icon SLP 1996 Rename Electoral Area H - Westbank to Electoral Area - Westbank Jan 31.pdf

.pdf icon SLP 2002 Redefinition of Electoral Areas, Boundary, Directors - May.pdf - Electoral Area J
1.0 Letters Patent dated August 24, 1967, as amended, and further amended by deleting the description of Electoral Area G and Electoral Area - Westbank and substituting Electoral Area J, to be known as the Westside Electoral Area
1.1 Deleting the description of Electoral Area I and substituting Electoral Area I, to be known as the Ellison/Joe Rich Electoral Area
3.0 Westside Electoral Area shall have 3 directors
REGIONAL DISTRICT SERVICES
7.0 The Westside Electoral Area shall be an electoral participating area in those services of the RDCO provided to the area formerly in Electoral Area - Westbank and provided to the area formerly in Electoral Area G in the same manner as before the establishment of the Westside Electoral Area.
8.0 Without limiting the generality of 7.0 above, service areas that prior to these SLP include all of Electoral Area G or all of Electoral Area - Westbank, alone or in conjunction with defined portions of the other Electoral Area eliminated by these LP, and in conjunction with any other participating areas, continue with the boundaries of the service areas as defined by the boundaries of the former Electoral Area G or Electoral Area - Westbank, as the case may be.

.pdf icon SLP 2004 Amend Electoral Area I to Electoral Area I Central Okanagan East - Dec 2.pdf

.pdf icon SLP 2005 Amend Area I to Central Okanagan East Electoral Area - Feb 11-05.pdf

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[08 Regional District of Central Okanagan]

.pdf icon BC Regulation 391.pdf
Grants RDCO the power for
1. Transit
2. Emergency Programs
3. Health Regulation
4. Business Licensing
5. Regional Crime Prevention
6. Transport Demand Management
7. Explosives

.pdf icon LP 1967 Appendix A - Description of Electoral Areas.pdf    RIGHT SIDE UP COPY

.pdf icon LP 1967 Regional District Aug 24.pdf     RIGHT SIDE UP COPY

.pdf icon SLP 1968 Redefinition Area C D F bounadry - Addition of Area I.pdf    RIGHT SIDE UP COPY

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[10 West Kelowna]

.pdf icon LP 2007 Westside District Municipality - Oct 4 - OIC653.pdf

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[11 Letters Patent Functions - Supplementary Letters Patent]

.pdf icon LP DIV I 1968 Local Works and Services Aug 15.pdf

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.pdf icon LP DIV II 1968 Contract Works and Services Aug 15.pdf

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There is no LP DIV III section listed on RDCO's website although the Index says there is one? BUILDING REGULATIONS

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.pdf icon LP DIV IV 1969-Reg and Commplan amend Oct 30.pdf
7. On and after the 30th day of November, 1969, the provisions of BC Reg 495/59 as amended to the above date remain in force and effect in that portion of the area established as Community Planning Area 2 described in the BC Gazette dated the 24th day of November, 1959, which lies within the boundaries of RDCO as if it was a by-law adopted by the Board pursuant to Divisions 3 and 4 of Part XXI of the "Municipal Act" until such provisions are amended or repealed by by-law in accordance with the provisions of the said Act.
2. Adding the following paragraph to Division V - Building Regulation:
4. On or after the 30th day of November, 1969, the provisions of the BC Regulations 147/66, 262/66 and 67/68 as amended to the above date remain in force and effect in the areas established as Community Planning Area 2 which lies within the boundaries of RDCO and as if they were by-laws adopted by the Board pursuant to Division 5 of Part XXI of the "Municipal Act" until such provisions are amended or repealed by by-law in accordance with the provisions of the said Act".

.pdf icon LP DIV IV 1972-Reg and Commplan cost formula May 2.pdf
Cost apportionment formula in respect to the function of Regional and Community Planning and Noxious Insect control be amended

.pdf icon LP DIV IV 1975-Reg and Commplan septic tank Mar 6.pdf

.pdf icon LP DIV IV 1982-Reg and CommPlan amend Dec 17.pdf
Amended by deleting The Corporation of the District of Peachland from the Community Planning function as a participating member municipality

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.pdf icon LP DIV V 1969-OBWB Est Oct 23.pdf

LP DIV V 1972-OBWB Provision of 3rd dir Oct 19.pdf

.pdf icon LP DIV V 1975-OBWB study bndry Oct 3.pdf

.pdf icon LP DIV V 1976-OBWB est reserve fund Dec 22.pdf

.pdf icon LP DIV V 1981-OBWB Aquatic Weed Prg Mar 19.pdf

.pdf icon LP DIV V 1983-OBWB participation cost sharing July 13.pdf

.pdf icon LP DIV V 1987-OBWB Sewage Facilities Levy Mar 14.pdf

LP DIV V 2006 Extra 3 directors Sept 7.pdf

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LP DIV VI 1969-noxious insect June 17.pdf

LP DIV VI 1972-Comm plan and noxious insect cost formula May 2.pdf

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LP January 27, 1970

.pdf icon LP DIV VII 1970-garbage disposal areas b to g-i Jan 27.pdf
SLP dated Jan. 27, 1970 granted RDCO the function of Division VII - Garbage Disposal with Electoral Areas B, C, D, E and F and defined portions of Electoral Areas G and I as participating member municipalities.
The Regional Board may establish, maintain, operate and regulate grounds for the disposal of garbage and wastes, or enter into a contract for the provision therefor, within the area for the regional district comprising of Electoral Areas B, C, D, E and F, and those parts of Electoral Areas G and I described as follows:
Part of Electoral Area G, Part of Electoral Area I
3. The amount requisitioned under section 784 of the Municipal Act from Electoral Areas B, C, D, E and F, and defined areas of Electoral Areas G and I for
the purposes of this function shall be assessed and levied in accordance with the provisions of subsection (4) of that section; provided however that the Regional Board, may by by-law, with the approval of the Inspector of Municipalities, provide for the amount requisitioned to be assessed and levied on improvements only.
4. Temporary current borrowing not exceeding the sum of
$8,000.00 may be incurred by the regional district for the purposes of this function.
AND THAT the Letters Patent of RDCO be amended

.pdf icon LP DIV VII 1971-garbage disposal added area A Jan 7.pdf
Electoral Area A shall be made a participating member municipality in the function authorized by Division VII, Garbage Disposal:

.pdf icon LP DIV VII 1972-garbage disposal amend apportionment Dec 15.pdf
Amends SLP dated Jan. 27, 1970
Regional District of Central Okanagan has requested that the basis of sharing the annual net costs of the service as provided for in Division VII - Garbage Disposal - of supplementary Letters Patent issued under date of the 27th of January, 1970, be apportioned on the current assessed value of improvements taxable for school purposes

.pdf icon LP DIV VII 1974-garbage disposal amend area d-f-i May 2.pdf
SLP issued May 2, 1974, Division VII - Garbage Disposal was amended by striking out the letters "D" and "F" and adding the remaining portion of Electoral Area I:

.pdf icon LP DIV VII 1975-garbage disposal debt-apportionment Mar 6.pdf
Community Planning SLP March 19, 1969 amended by SLP May 2, 1972 is further amended by striking out paragraph 3 and substituting the following therefore:
the annual net cost shall be apportioned among all the member municipalities on the basis of assessment which may be taxed for school purposes in the current year, except that part that applies to Div 1 Part XXI [XXI Industrial Dev Comm but could be referring to Municipal Act] OCP.
Septic Tank Effluent Disposal SLP March 19, 1974 shall not exceed
$500,000
3. The function of Division VII - Garbage Disposal granted by SLP dated
January 27, 1970
is amended by:
(a) striking out the word, letter and word "Areas G and" in lines 5 and 6 of paragraph 1 and substituting the word "Area" and
(b) striking out in paragraph 1 the heading  "Part of Electoral Area "G" and the legal description thereunder:


.pdf icon LP DIV VII 1975-garbage disposal redefinition bndry Area I Aug 28.pdf
SLP issued August 28, 1975, defined boundaries of Electoral Area I were further amended to take in the Joe Rich area:
Amended to include all of Electoral Area I.

.pdf icon LP DIV VII 1977-garbage disposal -grounds for-contract Area A-I June 9.pdf
granted by SLP issued January 27, 1970
amended by SLP May 2, 1974
further amended by SLP August 28, 1975
SLP dated Jan. 27, 1970 granted RDCO the function of Division VII - Garbage Disposal with Electoral Areas B, C, D, E and F and defined portions of Electoral Areas G and I as participating member municipalities.
And WHEREAS at the time the new City of Kelowna was incorporated, the Regional Board requested that the remaining portions of Electoral Areas D and F be added to the defined portion of Electoral Area I and that by supplementary Letters Patent issued the 2nd day of May 1974, Division VII - Garbage Disposal was amended by striking out the letters "D" and "F" and adding the remaining portion of Electoral Area I:
And WHEREAS by SLP issued the 28th day of August, 1975 the defined boundaries of Electoral Area I were further amended to take in the Joe Rich area: Amended to include all of Electoral Area I.
The function of Noise Control with Electoral Areas A, G and H as participating member municipalities.
The net annual cost of any function granted pursuant to subsection (4a) shall not exceed the product of
two mills on the assessed values referred to in subsection (2) of section 782 with participating municipalities, and the net annual cost of all functions granted pursuant to subsection (4a) shall not exceed the product of three mills on such assessed values:
be further amended by striking out paragraph 1 and substituting
"1. The Regional Board may
establish, maintain, operate and regulate grounds for the disposal of garbage and wastes, or enter into a contract for the provision therefor, within the area of the regional district comprising of Electoral Areas A and I."
Apportioned and levied on improvements only on the basis of assessment which may be taxed in the current year for school purposes.
No By-law shall be adopted without the Ministers approval.
No debt other than temp current borrowing shall be incurred.
Sums of money to be borrowed shall be determined by the Inspector of Municipalities.

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LP March 19, 1974

.pdf icon LP DIV XVI 1974-garbage disposal - septic tank eff Area G-H Mar 19.pdf

.pdf icon LP DIV XVI 1976-garbage disposal cost share Area G-H Sept 24.pdf
Amends SLP March 19, 1974
Regional District of Central Okanagan has requested that the function of Division XVI - Garbage Collection and Disposal be
amended to include all of Electoral Area G and to apportion the costs on the basis of assessment on improvements only:
Amend LP by striking out defined area of Electoral Area G and substitute with Electoral Area G and defined Electoral Area H.
3. The annual net cost attributable to this function shall be apportioned among the member municipalities on the basis of assessment of improvements only which may be taxed in the current year for school purposes,


.pdf icon LP DIV XVI 1978-garbage disposal areas G-H May 4.pdf
Power to regulate backyard incinerators and fires in Electoral Area G and defined of Electoral Area H

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.pdf icon LP DIV VIII 1970-soil removal- Areas A-I Sept 11.pdf

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.pdf icon LP DIV IX 1971-Untidy-unsightly premises May 20.pdf

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LP DIV X 1971-Rutland Swimming Pool Areas C-I June 1.pdf

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.pdf icon LP DIV XI 1972-fireworks control areas A-I Apr 13.pdf

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.pdf icon LP DIV XII 1972-Dog Control Areas A to G-I July 27.pdf

.pdf icon LP DIV XII 1973-Dog Control Area H Feb 6.pdf

.pdf icon LP DIV XII 1982-Dog Control Amend Ticketing May 5.pdf

.pdf icon LP DIV XII 1987-Dog control Amend Dec 4.pdf

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LP DIV XIII 1973-Mosquito control est June 22.pdf

LP DIV XIII 1982-Mosquito control Amend Area G incl Mar 11.pdf

LP DIV XIII 1983-Mosquito control Amend Sept 15.pdf

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.pdf icon LP DIV XIV 1973 CommParks est July 31.pdf

.pdf icon LP DIV XIV 1973-Rec complex - Senior Citizen facility est Nov 29.pdf

.pdf icon LP DIV XIV 1975 CommParks subdiv plan 21925 Oct 25.pdf

.pdf icon LP DIV XIV 1975-Rec complex- Senior Citizen- Peachland -Area G Jan 9.pdf

.pdf icon LP DIV XIV 1976 CommParks amend May13.pdf

.pdf icon LP DIV XIV 1976-Rec complex-Senior Citizen - Amend Area G Nov 24.pdf

.pdf icon LP DIV XIV 1978-Rec complex - Senior Citizen -Amend Area G Jan 20.pdf

.pdf icon LP DIV XIV 1979 CommParks Amend 1979 Oct 25.pdf

.pdf icon LP DIV XIV 1981 CommParks amend rates June 4.pdf

.pdf icon LP DIV XIV 1982 CommParks incl Ellison-JoeRich July 14.pdf

.pdf icon LP DIV XIV 1989 CommParks Amend levys Mar 31.pdf

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.pdf icon LP DIV XV 1974 Septic Tank Effluent Disposal Est Mar 19.pdf

.pdf icon LP DIV XV 1975 Septic Tank Effluent disposal Mar 6.pdf

.pdf icon LP DIV XV 1978 Septic Tank Effluent Disposal Amendments Jan 20.pdf

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LP DIV XVII 1974- Winfield Rec complex Area A July 4.pdf

LP DIV XVII 1978-Winfield rec complex amend Area A City share Mar 23.pdf

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.pdf icon LP DIV XVIII 1974 Regional Parks est Oct 25.pdf

.pdf icon LP DIV XVIII 1986 Regional Parks tax amend Dec 19.pdf

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LP DIV XIX 1978 Weed Control Amend Area G Jan 20.pdf

LP DIV XIX 1975 Weed Control est Apr 24.pdf

LP DIV XIX 1978 Weed Control amend Feb 17.pdf

LP DIV XIX 1979 Weed Control amend Peachland July 12.pdf

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.pdf icon LP DIV XX 1977-Noise control Areas A G H June 9.pdf

.pdf icon LP DIV XX 1978-noise control amend Area I incl Mar 9.pdf

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XXI

LP DIV XXI 1978 Industrial Dev Comm est Feb 24.pdf

LP DIV XXI 1984 Industrial Dev Comm Peachland Out Feb 2.pdf

LP DIV XXI 1986 Industrial Dev Comm Peachland in May 29.pdf

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There is no LP DIV XXII section listed on RDCO's website nor in the index?

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LP DIV XXIII 1981 Urban Transit Authority Function - Mar 12.pdf

LP DIV XXIII 1988 Urban Transit Amend-Area G-Peachland Mar 18.pdf

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.pdf icon LP DIV XXV 1985 Emerg 911 Feb 20.pdf

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.pdf icon LP DIV XXVI 1987 Sewage treatment disposal Jan 22.pdf

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.pdf icon LP DIV XXVII 1988 Animal Control Apr 7.pdf

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.pdf icon LP DIV XXVIII 1988 Crime Stoppers GrantinAid Sept 15.pdf

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.pdf icon LP DIV XXIX 1988 Victim Asst Prg Sept 1.pdf

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.pdf icon LP DIV XXX 1989 Reg Rescue Service Mar 31.pdf

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.pdf icon LP DIV XXXI 1989 Fire Protection July 20.pdf

Second copy of this list above to work with

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Local Government Act - Table of Contents

Community Charter - Table of Contents

Ministry of Community and Rural Development - Local Government Dept. - Sitemap

BC Stats Maps of the boundaries of Municipalities, Regional Districts, Electoral Areas, etc.

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Regional Districts and the Community Charter

The Community Charter provides fundamental powers to municipalities. As these powers replaced provisions in the Local Government Act, it was necessary to enact numerous consequential amendments to the Local Government Act. Further, as many of the Local Government Act provisions applied to both regional districts and municipalities, consequential amendments to the Local Government Act were required to maintain regional district provisions.

For a quick reference to those provisions of the Community Charter that apply to regional districts, please see Regional Districts and The Community Charter: A pocket guide (49 KB). (Note: this PDF file prints as a two page document, which when cut in half produces a 12-page single-sided booklet.)

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 2, 2009

Schedule

Definitions and Rules of Interpretation

"local area service" means a service referred to in section 210 (1) [authority for local area services];

"local service area" means the area in which a local service tax is imposed;

"local service tax" means a tax imposed under section 216 [local service taxes]; property value tax and parcel tax that are imposed only in the local service area

"municipality" means, as applicable,

    (a) the corporation into which the residents of an area are incorporated as a municipality
         under Part 2 [Incorporation of Municipalities] of the Local Government Act or under any
         other Act, or

    (b) the geographic area of the municipal corporation,

but does not include the City of Vancouver unless otherwise provided;


"parcel tax" means a tax imposed on the basis of a single amount for each parcel, the taxable area of a parcel or the taxable frontage of a parcel;

"property taxes" means taxes under Division 3 [Property Value Taxes], 4 [Parcel Taxes] or 5 [Local Service Taxes] property value tax and parcel tax that are imposed only in the local service area of Part 7 [Municipal Revenue];

"property value tax" means a tax imposed on the basis of the value of land or improvements or both;

"service" means, in relation to a municipality, an activity, work or facility undertaken or provided by or on behalf of the municipality;
 

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 9, 2009

Part 6 — Financial Management

Division 5 — Restrictions on Use of Municipal Funds

Liabilities for use of money contrary to Act

191 (1) A council member who votes for a bylaw or resolution authorizing the expenditure, investment or other use of money contrary to this Act or the Local Government Act is personally liable to the municipality for the amount.

(2) As an exception, subsection (1) does not apply if the council member relied on information provided by a municipal officer or employee and the officer or employee was guilty of dishonesty, gross negligence or malicious or willful misconduct in relation to the provision of the information.

(3) In addition to any other penalty to which the person may be liable, a council member who is liable to the municipality under subsection (1) is disqualified from holding local government office for the period established by section 110 (2).

(4) Money owed to a municipality under this section may be recovered for the municipality by

    (a) the municipality,

    (b) an elector or taxpayer of the municipality, or

    (c) a person who holds a security under a borrowing made by the municipality.

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Definitions

"council" means the council of a municipality;

"municipality" means, as applicable,

(a) the corporation into which the residents of an area are incorporated as a municipality under Part 2 [Incorporation of Municipalities] of the Local Government Act or under any other Act, or

(b) the geographic area of the municipal corporation,

but does not include the City of Vancouver unless otherwise provided;

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 9, 2009

Part 7 — Municipal Revenue

Division 5 — Local Service Taxes

Local area service on council initiative — subject to petition against

213 (1) If a council proposes to undertake a local area service on its own initiative in accordance with this section, it must give notice of this intention

(a) in accordance with section 94 [public notice], and

(b) to the owners of parcels that would be subject to the local service tax.

(2) The notice under subsection (1) must include

(a) the information required under section 212 (2) [information requirements for petition],

(b) if the council is proposing that all or part of the costs may be waived or reduced in accordance with section 201 (3) [property subject to parcel tax], the amount that the property owner will be required to pay for this purpose, and

(c) a statement indicating that the council may proceed with establishing the service unless a petition against the service is presented within 30 days after notice has been given in accordance with this section.

(3) For the purposes of subsection (1) (b), the corporate officer must mail the notice to the applicable address as set out in the last revised assessment roll.

(4) Council may proceed with the local area service in accordance with the notice unless it receives a sufficient petition against the service within 30 days after the second publication under subsection (1) (a).

(5) Section 212 (3) to (6) [rules respecting petitions for local service] applies to a petition under this section.

(6) If a council has been prevented from undertaking a local area service because of a petition under this section, the council must not propose the same service on its own initiative within a period of one year after the presentation of the petition.

(7) As an exception to subsection (6), a council may again propose a local area service on its own initiative within the period referred to in that subsection if the service is varied from or less expensive than that originally proposed to be undertaken.

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Community Charter
[SBC 2003] CHAPTER 26
This one is older ... not sure the date

 

Assessment Averaging and Phasing Regulation - The Assessment Averaging and Phasing Regulation (B.C. Reg. 370/2003) provides formulas for assessment averaging and phasing and establishes conditions and requirements in relation to tax rates that may be established by an annual property tax bylaw. These matters were previously dealt with in sections 359.1(repealed) of the Local Government Act, and the provisions of this regulation are substantively the same. This regulation is authorized by section 198 of the Community Charter.

Municipal Revenue

Municipal Fees - 194(4) A municipality must make available to the public, on request, a report respecting how a fee imposed under this section was determined.

Property Value Taxes  | Parcel Taxes | Local Service Taxes

Property Tax Rates Regulations

Financial Management

Complaints to council or auditor about financial affairs

Public process for development of financial plan - A council must undertake a process of public consultation regarding the proposed financial plan before it is adopted.

Definitions and rules of Interpretation

"parcel tax" means a tax imposed on the basis of a single amount for each parcel, the taxable area of a parcel or the taxable frontage of a parcel;

"property class" means a property class under the Assessment Act;

"property taxes" means taxes under Division 3 [Property Value Taxes], 4 [Parcel Taxes] or 5 [Local Service Taxes] of Part 7 [Municipal Revenue];

"property value tax" means a tax imposed on the basis of the value of land or improvements or both;

"local service area" means the area in which a local service tax is imposed;

"local service tax" means a tax imposed under section 216 [local service taxes]; property value tax and parcel tax that are imposed only in the local service area

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Application of the Community Charter to regional districts

Part 7 Municipal Revenue
RD -- in relation to collection of taxes imposed for cost recovery of services in municipalities


RD --- Div 3 Property Value Taxes
in relation to imposing taxes for cost recovery of services in municipalities LGA s. 805.1 (1)
197 Annual property tax bylaw
198 Assessment averaging and phasing options
199 Property tax rates regulations


RD --- Div 4 Parcel Taxes
in relation to imposing taxes for cost recovery of services in
municipalities LGA s. 805.1 (1)
electoral areas LGA s. 806.1 (2)
  200 Parcel tax bylaw
  201 Property subject to parcel tax
  202 Parcel tax roll for purpose of imposing tax
  203 Content of parcel tax roll
  204 Parcel tax roll review panel
  205 Review panel to hear complaints and make corrections
  206 Authentication of parcel tax roll
  207 Appeal to Supreme Court from review panel decision
  208 Updating the parcel tax roll
  209 Validity of parcel tax roll


Div 5 Local Service Taxes
  210 Authority for local area services
  211 Requirements for establishing a local area service
RD -- 212 Petition for local area service
in relation to petitions for electoral area services LGA s. 797.4 (4)
  213 Local area service on council initiative -- subject to petition against
  214 Local area service on council initiative -- subject to elector assent
RD -- 215 Business improvement areas
in relation to mountain resorts LGA s. 797.1 (3)
  216 Local service taxes property value tax and parcel tax that are imposed only in the local service area
  217 Borrowing in relation to a local area service
  218 Enlargement or reduction of local service area
  219 Merging of local service areas

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to December 2, 2009

Part 24 — Regional Districts

Division 1 — Interpretation

Application of other provisions

774 In the application of the other provisions of this Act or the Community Charter to regional districts, references are to be read as follows:

Reference To be read as

municipality............................... regional district
council...................................... board
mayor....................................... chair
councillor.................................. director
municipal officer........................ regional district officer

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From Ministry of Community and Rural Development - Community Charter

Local Area Services

Division 5 of Part 7 of the Community Charter provides municipalities with authority to provide a local area service within a part of the municipality. Division 5 sets out the legal framework for the establishment of a local service area and any borrowing in relation to a local area service. Section 216 provides authority for a municipality to levy a property value tax and/or a parcel tax to recover all or part of the costs of a service provided within a local service area.

What is Required

A local area service must be established by bylaw.

The bylaw must:

  - describe the service,

  - define the boundaries of the local service area,

  - identify the methods of cost recovery for the service, including the form of local service tax
    (property value tax and/or parcel tax) and the portion of the costs of the service that are to
    be recovered by the local service tax, and

  - if applicable, identify the portion of the costs of the service that are to be recovered by a general property tax.

The municipal council may only adopt a local area service establishment bylaw if the service and its cost recovery methods have been proposed by petition, by council initiative, or the bylaw has received assent of the electors in the local service area in accordance with section 85 of the Community Charter.

When to Consider

The authority to establish a local area service provides a council with the opportunity to provide a service to a portion of the municipality and to recover all or some of the costs of the service from the taxpayers within the local service area. For example:
A council may wish to establish a local area service to provide sewer or water only to part of the municipality, with all costs of the service to be paid by the property owners within the local service area.

A municipality may choose to establish a local area service to provide for downtown revitalization projects, to be paid for in part by the property owners within the local service area.

A large municipality might wish to establish a local area service to provide for a community hall to serve the residents of a part of the municipality, with some or all of the costs of the facility to be paid for by the property owners within the local service area.


What to Consider

The Community Charter provides for three different methods of obtaining approval of electors to the adoption of a local area service establishment bylaw.

1. A petition for the establishment of a local area service pursuant to section 212 could be considered if the proposed local service area is small, or if the local service has been requested by property owners within the proposed service area. Each page of the petition must:

  -  Describe the service in general terms;
  -  Define the boundaries of the local service area;
  -  Provide an estimate of the costs of the service;
  -  If it is proposed that the municipality borrow for the purposes of the service and all or part of the
     costs of the borrowing are to be recovered by means of the local service tax, indicate:

              - The total amount proposed to be borrowed under the bylaw;
              - The maximum term for which the debentures may be issued, and
              - The portion of those costs that are to be recovered by a local service tax;

  -  Indicate the proposed methods of cost recovery for the service, including the form of local service tax,
     property value tax and/or parcel tax, and the portion of the costs of the service that are to be recovered
     by the local service tax;
  -  If applicable, indicate what portion of the costs are proposed to be recovered by a general municipal tax;
  -  Include any other information that council requires.

In order for a petition for the establishment of a local area service to be successful, the petition must be signed by the owners of at least 50% of the parcels that would be subject to the local area tax. In addition, the persons signing must be the owners of parcels that in total represent at least 50% of the assessed value of land and improvements that would be subject to the local service tax.


2. A council might consider the establishment of a local area service by a council initiative, subject to petition against pursuant to section 213, if council wishes to take the initiative in the establishment of the service. Council might consider this alternative if the area to be served is large or if the service is proposed by council rather than by the property owners. A council initiative requires:

  - A public notice in accordance with section 94, and
  - A notice to each of the owners of each property located within the proposed local service area.
  - These notices must contain:

         - the information required to be included on a petition as set out above,
         - if council is proposing that all or part of the costs may be waived or reduced in
           accordance with section 201(3), the amount that the property owner will be required
           to pay for this purpose, and
         - a statement that the council may proceed with establishing the service unless a petition
           against the service is presented within 30 days after notice has been given.

In order for a petition against the establishment of a local area service to be successful, the petition must be signed by the owners of at least 50% of the parcels that would be subject to the local area tax. In addition, the persons signing must be the owners of parcels that in total represent at least 50% of the assessed value of land and improvements that would be subject to the local service tax.

3. A council might consider the establishment of a local area service on council initiative, with the assent of electors in the local service area; ie, council could hold a referendum.


4. If a council wishes to establish a “business improvement area service” to provide grants to implement a “business improvement scheme” pursuant to section 215:

  - A bylaw establishing a “business improvement area service” must:

         - identify the “business promotion scheme” and the organization to which money will be granted.
         - establish the maximum amount of money to be granted and the maximum term over which it may be granted.
         - if applicable, set conditions and limitations on the receipt and expenditure of the money.

  - Money granted for a “business improvement scheme” must be expended only:

         - by the organization to which it is granted,
         - in accordance with the conditions and limitations set out in the bylaw, and
         - for the “business promotion scheme” described in the bylaw.

  - A local service tax for this purpose may only be imposed on land or improvements, or both, that are
    used to operate a business of a class specified in the bylaw, or classified as Class 5 or 6 property class.
  - Council may establish different tax rates for different classes of business, as those classes are established by bylaw.

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If all the costs of borrowing for the purposes of a local area service are to be recovered by a local service tax, the loan authorization bylaw may only be adopted if:

  - the borrowing has been proposed by petition,
  - the borrowing has been proposed by a council initiative, or
  - the bylaw has received assent of electors in the local service area.

If part of the costs of borrowing for the purposes of a local area service is to be recovered by any other means such as a general property tax, a separate loan authorization bylaw is required, with the bylaw adopted in accordance with Part 6 of the Community Charter.

A bylaw establishing a local area service may be amended to enlarge or reduce the size of the local service area. The requirements for the establishment of a local area service apply only within the area to be included or excluded from the local service area and not to the rest of the local service area.

If a local service area has been enlarged or reduced, the liabilities incurred on behalf of the area as it was established, must be borne by all the owners of parcels of land in the area as enlarged or reduced.

Transitional provisions:

Specified areas and business improvement areas

Specified areas established under the previous Part 19 of the Local Government Act are deemed to be local service areas under Division 5 of Part 7 of the Community Charter. Business improvement areas and mountain resort business improvement areas under the previous Part 19 of the Local Government Act are deemed to be local service areas under section 215 of the Community Charter.

Please direct questions or comments to the Advisory Services Branch.

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Terms & Concepts in the Community Charter: Local Area Service

A local area service in Part 7, Division 5 of the Community Charter is any municipal service that is designed to benefit a particular part of the municipality and is paid for in whole or in part by local property owners through a local service tax. Local area services may be initiated either by owners of property in the proposed local area, or by the municipal council. Where initiated by council, the proposed service is subject to a petition against. Each local area service must be established by bylaw.

A local service tax is created by council to pay all or part of the cost of a local area service. The tax may be structured as a property value tax, a parcel tax or a combination of the two. Where developed to collect monies for a business improvement area (a specific type of local area service), the tax may be based on any factor chosen by council. The form of the local service tax ultimately chosen must be specified in the local area service bylaw.

The Community Charter's provisions governing local area services replace the sections on local improvements, business improvement areas and specified areas in the Local Government Act.

Please direct questions or comments to Advisory Services Branch.

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 9, 2009

Part 7 — Municipal Revenue

Division 3 — Property Value Taxes

Annual property tax bylaw

197 (1) Each year, after adoption of the financial plan but before May 15, a council must, by bylaw, impose property value taxes for the year by establishing tax rates for

(a) the municipal revenue proposed to be raised for the year from property value taxes, as provided in the financial plan, and

(b) the amounts to be collected for the year by means of rates established by the municipality to meet its taxing obligations in relation to another local government or other public body.

(2) Unless otherwise permitted by this or another Act, a property value tax under subsection (1) must be imposed

(a) on all land and improvements in the municipality
, other than land and improvements that are exempt under this or another Act in relation to the tax, and

(b) on the basis of the assessed value of the land and improvements.

(3) For the purposes of subsection (1) (a), the bylaw may establish for each property class

(a) a single rate for all revenue to be raised, or

(b) separate rates for revenue to be raised for different purposes but, in this case, the relationships between the different property class rates must be the same for all purposes.


(3.1) In relation to tax rates established for the purposes of subsection (1) (a), before adopting the bylaw, the council must consider the tax rates proposed for each property class in conjunction with the objectives and policies set out under section 165 (3.1) (b) [property value tax distribution] in its financial plan.

(4) For the purposes of subsection (1) (b), for each local government or other public body in relation to which the amounts are to be collected,

(a) the bylaw must establish separate rates for each property class, and

(b) the relationships between the different property class rates must be the same as the relationships established under subsection (3) unless otherwise required under this or another Act.


(5) If the amount of revenue raised in any year for a body under subsection (1) (b) is more or less than the amount that is required to meet the municipality's obligation, the difference must be used to adjust the rate under subsection (1) (b) for the next year.

(6) The minimum amount of tax under subsection (1) in any year on a parcel of real property is $1.

(7) Property value taxes under subsection (1) are deemed to be imposed on January 1 of the year in which the bylaw under that subsection is adopted, unless expressly provided otherwise by the bylaw or by the enactment under which they are imposed.

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 9, 2009

Part 7 — Municipal Revenue

Division 4 — Parcel Taxes

Parcel tax bylaw

200 (1) A council may, by bylaw, impose a parcel tax in accordance with this Division to provide all or part of the funding for a service.

(2) A bylaw under subsection (1) must do the following:

(a) state the service for which the tax is imposed;

(b) state the years for which the tax is imposed;

(c) identify the parcel tax roll under this Division that is to be used to impose the tax;

(d) state the basis on which the tax is to be imposed, as referred to in section 202 (2) [basis of taxation for parcel taxes]; the parcel tax roll

(e) impose the tax in accordance with subsection (3).

(3) A bylaw under subsection (1) must impose the parcel tax as follows:

(a) in the case of a tax to be imposed on the basis provided under section 202 (2) (a) [single amount per parcel], by establishing the amount to be paid as tax;

(b) in the case of a tax to be imposed on the basis provided under section 202 (2) (b) or (c) [taxable area or taxable frontage], by establishing either

(i) the rate of tax to be paid per unit of taxable area or taxable frontage, or

(ii) rates of tax to be paid for different ranges of taxable area or taxable frontage.

(4) The municipality must make available to the public, on request, a report respecting how amounts or rates were determined for the purposes of subsection (3).

(5) In each year that a parcel tax is imposed under this Division, it is deemed to be imposed on January 1 of the year, unless expressly provided otherwise by the bylaw under subsection (1).

 

Content of parcel tax roll

203 (1) A parcel tax roll must set out the following:

(a) the parcels on which the tax is to be imposed;

(b) the name and address of the owner of each parcel;

(c) unless the tax is imposed on the basis of a single amount for each parcel, the taxable area or the taxable frontage of each parcel, as applicable;

(d) if the name of a holder of a registered charge is included on the assessment roll under section 4 of the Assessment Act for a parcel, the name and address of that person.

(2) The collector may correct errors on the parcel tax roll at any time before the roll is authenticated under section 206.

(3) Once it has been prepared by the collector, the parcel tax roll must be available for public inspection.

(4) If requested by an owner, the collector must amend a parcel tax roll that is to be available for public inspection by omitting or obscuring the address of the owner or other information about the owner in order to protect the privacy or security of the owner.

(5) A request under subsection (4) continues to apply to other parcel tax rolls under this Division until the request is rescinded.

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 9, 2009

Part 7 — Municipal Revenue

Division 5 — Local Service Taxes

Authority for local area services

210 (1) A local area service is a municipal service that is to be paid for in whole or in part by a local service tax under section 216 [local service taxes]. property value tax and parcel tax that are imposed only in the local service area

(2) The only services that may be provided as local area services are

(a) services that the council considers provide particular benefit to part of the municipality
, and

(b) business improvement area services under section 215 [business improvement areas].

(3) Nothing in this Division restricts a municipality from recovering part of the costs of a local area service by means of any other source of municipal revenue.
 

Requirements for establishing a local area service

211 (1) A municipality must adopt a bylaw to establish a local area service, and may only do this if

(a) the service and its cost recovery methods have been proposed by petition in accordance with section 212 [petition for local area service],

(b) the service and its cost recovery methods have been proposed by council initiative in accordance with section 213 [local area service on council initiative — subject to petition against], or

(c) the bylaw has received assent of the electors in accordance with section 214 [local area service on council initiative — subject to elector assent].

(2) The bylaw establishing a local area service must

(a) describe the service,

(b) define the boundaries of the local service area,

(c) identify the methods of cost recovery for the service, including the form of local service tax and the portion of the costs of the service that are to be recovered by the local service tax, and

(d) if applicable, identify the portion of the costs of the service that are to be recovered by a general property tax.


(3) If the minister exercises authority under section 137 (2) [power to amend or repeal bylaws] in relation to a bylaw establishing a local area service, the restriction in subsection (1) of this section does not apply.

 

Local service taxes

216 (1) In all cases, all or part of the costs of a local area service may be recovered, in accordance with the establishing bylaw for the service, by means of either or both of

(a) a property value tax under Division 3 of this Part, which may be imposed on land, on improvements, or on both, and

(b) a parcel tax under Division 4 of this Part,

that are imposed only within the local service area.

 

Enlargement or reduction of local service area

218 (1) This section applies to the amendment of the bylaw establishing a local area service that has the effect of enlarging or reducing the size of the local service area.

(2) The requirements under section 211 (1) [requirements for establishing a local area service] apply only in relation to the area to be included or excluded from the local service area and not to the rest of the local service area.

(3) If a local service area has been enlarged or reduced under this section, the liabilities incurred on behalf of the area as it was before enlargement or reduction must be borne by all the owners of parcels of land in the area as enlarged or reduced.



Merging of local service areas

219 (1) A council may, by bylaw, merge 2 or more local service areas into one local service area.

(2) A bylaw under subsection (1) may provide that repayment of any debt of one or more of the merged local service areas that is outstanding at the time of merger is to continue to be borne by the applicable former local service area as if that area continued to exist.

(3) Section 211 (1) [requirements for establishing a local area service] does not apply to the bylaw under subsection (1) of this section if

(a) there is no outstanding debt of any of the local service areas being merged,

(b) the outstanding debt of each of those local service areas is kept separate under subsection (2), or

(c) the bylaw establishing the service currently includes a provision for merger with one or more other local service areas and the merger is in accordance with the provision.

(4) If section 211 (1) applies to a bylaw under this section, the approval of the electors must be obtained separately for each local service area being merged.

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Revenue used to finance regional district operations and services is generated through property taxes, fees and other charges. Unlike municipalities, regional districts are required to match the benefits and costs of its services to the people that benefit from the services. In other words, residents pay for what they get.

http://www.cserv.gov.bc.ca/lgd/pathfinder-rd.htm

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A regional district is required to adopt a five-year financial plan (FP) bylaw; the bylaw must be adopted annually by March 31 [section 815]. The financial plan may be amended by bylaw at any time. The requirements for the regional district FP are similar to those for municipalities, but the regional district FP must set out the proposed expenditures, funding sources and transfers between funds for each service.

The proposed amount of revenue from property value taxes or parcel taxes for a service must not exceed the amount of the requisition limit in the establishing bylaw, if there is one. Also, the amount requisitioned each year for the service must not exceed the amount of property value tax and parcel tax revenue for each service as stated in the FP [section 815(10)].

The "no deficit" rule has been retained: for each service, the proposed expenditures must not exceed the proposed funding sources. A regional district is not authorized to make expenditures other than those included in the FP unless there is an emergency situation [section 817(3)]. Any actual deficit in a service, must be included in the following year's FP as an expenditure for the service [section 815(11)].

http://www.cd.gov.bc.ca/lgd/infra/financial_circulars/cir0228.htm

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Local Government Act

Financial plan

815 (1) A regional district must have a financial plan that is adopted annually, by bylaw, by March 31.

(4) The financial plan must set out the following for each year of the planning period, shown separately for each service:

(a) the proposed expenditures for the service;

(b) the proposed funding sources for the service;

(c) the proposed transfers between funds in respect of the service.

(5) For any year, the total of the proposed expenditures and transfers to other funds in respect of a service must not exceed the total of the proposed funding sources and transfers from other funds for the service.

(6) The proposed expenditures for a service must set out separate amounts for each of the following as applicable:

(a) the amount required to pay interest and principal on regional district debt;

(b) the amount required for capital purposes;

(c) the amount required for a deficiency referred to in subsection (11);

(d) the amount required for other purposes.

(7) The proposed funding sources for a service must set out separate amounts for each of the following as applicable:

(a) revenue from property value taxes;

(b) revenue from parcel taxes;

(c) revenue from fees and charges;

(d) revenue from other sources;

(e) proceeds from borrowing, other than borrowing under section 821 [revenue anticipation borrowing].

(8) The proposed transfers between funds in respect of a service must set out separate amounts for

(a) reserve funds, and

(b) accumulated surplus.

(9) As a limit on expenditures, the amounts that may be included in a financial plan as expenditures respecting assistance to be apportioned under section 804 (2) (g) [assistance other than under a partnering agreement] must not, in total, exceed the amount that would be obtained by a tax of 10 per $1 000 on the net taxable value of land and improvements in the regional district.

(10) As a limit on revenues,

(a) if section 800.1 (1) (e) [requisition limits in establishing bylaw] applies in relation to a service, the total of the amounts included under subsection (7) (a) and (b) for the service must not exceed the maximum amount set under that section, and

(b) the total of the amounts requisitioned under sections 795.31 [tax base, requisitions and collection of funds in treaty lands], 805 [municipal requisitions] and 806 [electoral area requisitions] in respect of the service must not exceed the amounts included under subsection (7) (a) and (b).

(11) If actual expenditures and transfers to other funds in respect of a service for a year exceed actual revenues and transfers from other funds in respect of the service for the year, the resulting deficiency must be included in the next year's financial plan as an expenditure for the service in that year.

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Parcel Tax

A parcel is any designated area of land that does not include a highway. For example, a house and yard represent one parcel. Local governments can charge taxes against each parcel as one method of recovering its costs.

A parcel tax can be imposed on the basis of a single amount for each parcel; the taxable area of a parcel; and the taxable frontage of the parcel. The bylaws required to establish a parcel tax scheme must identify the service; state the basis and specify the years for which the tax is imposed. In addition, they must establish how the taxable area or the taxable frontage of a given property is determined. A municipality must make available to the public, on request, a report respecting how the amounts or rates were determined.

Parcel taxes are often used instead of, or in conjunction with, user fees to recover the costs of providing local government services. They can be levied on any property that has the opportunity to be provided with a service regardless of whether or not the service is being used. For instance, if a septic system is being used on a property but a sewer system is available in the neighbourhood, the parcel could still be charged a parcel tax for the sewer service on the basis that the parcel could be connected to the sewer system in the future. If the property cannot be serviced by the sewer, the charge cannot be applied.

A special assessment listing, or roll, must be created before a parcel tax can be imposed. The assessment listing or roll lists the parcels to be charged and includes the name and address of the owners of each parcel. Once it has been completed, the roll must be available for public inspection. If requested by an owner, the local government must omit or obscure the address of the owner or other information about the owner in order to protect their privacy or security.

A review panel must be formed by the local government to consider any complaints about the roll and to authenticate it. A person can make a complaint to the review panel on the basis that there is an error or omission with regard to a name or address, the inclusion of a parcel, the taxable area or frontage, or that an exemption has been improperly allowed or disallowed. Owners are sent a notice of the date set for the sitting of the review panel.

A parcel tax can only be applied to properties that may receive a particular service. It cannot be used to recover costs such as general local government administration costs. A parcel tax scheme provides local governments with options in addition to the ability to recover its costs from a variable tax rate system which is based on the assessed value of land and/or improvements.

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Ministry of Community and Rural Development - Local Government Dept.

Property Taxation

Property taxation is the main source of revenue for local governments. Municipalities have authority under Part 7 of the Community Charter to tax property owners; this same authority does not apply to regional districts. Instead, the Local Government Act provides the authority for regional districts to establish bylaws setting out maximum taxation amounts. The Province taxes property owners on the regional districts' behalf and remits the revenue to the regional district.


Property taxes generally pay for local government administration, staffing, debt servicing, leases, and the costs to provide services to the community. Examples of these services include:

  - libraries;
  - water systems;
  - sewer systems;
  - garbage pickup;
  - bylaw enforcement; and,
  - fire and police protection.

Property taxes are calculated on the basis of the market value, or "assessment", of land, improvements or both (i.e. house, barn, garage, yard) and the municipal "tax rate". Most local governments calculate taxes using the variable tax rate system where tax rates are based on a dollar figure per $1,000 dollars of assessed property value (i.e. $1.02/$1,000). Using this example, the property taxes payable on a $300,000 property would be $306.

Tax rates differ between municipalities and may vary depending on the "class" of property. Municipalities set their annual tax rates based on the revenue needs set out in their financial plan.


Municipalities are required to collect taxes on behalf of:

  - regional districts;
  - school districts;
  - hospital districts;
  - BC Assessment (BCA);
  - the Municipal Finance Authority (MFA);
  - the Greater Vancouver Transportation Authority (Translink); and,
  - BC Transit (Capital Regional District).

MFA, BCA, GVTA and BC Transit have the legislative authority to set their own tax rates and the provincial government sets school district tax rates.

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Regional District Taxes

Regional districts tax specific properties for specific services such as:

  - fire protection;
  - street lighting;
  - garbage;
  - recycling;

  - recreation;
  - water;
  - sewer; and
  - general administration.

Each service is established by bylaw which sets out the maximum amount to be charged for that service in a given year. The bylaw also defines which properties fall within the service area. A single property may fall within a number of service areas and therefore be taxed a different amount than another property depending on the number of services it receives.

Regional districts create annual tax requisitions specifying the amount to be collected for each service in order to meet their annual revenue needs. The Surveyor of Taxes establishes a tax rate which is then levied against the properties within the regional district's electoral areas which are areas located outside municipal boundaries. Where a regional district provides services to properties within a municipal boundary, the municipality levies and collects taxes on the regional district's behalf and then remits the money to the regional district.


Home Owner Grants
Home owners who are Canadian citizens or landed immigrants and reside permanently in British Columbia may be entitled to a Provincial Home Owner Grant. This annual grant reduces the total amount of property taxes to be paid by a residential property owner to their local government.

--------------------------

Tax Exemptions

Every property owner in the province must pay property taxes unless specifically exempted by provincial statute . Statutory exemptions are listed in both the Community Charter and the Taxation Rural Area Act. These properties include, but are not limited to:

  - schools and universities;
  - public libraries;
  - places of public worship; and,
  - hospitals.

Under the Community Charter and the Local Government Act, local governments may grant permissive tax exemptions which exempt certain properties from taxation for a specified period of time. Generally, public parks owned and held by an athletic or service club, not-for-profit corporations, art galleries or museums owned by a charitable or philanthropic organization and property owned by a local authority receive permissive tax exemptions.

Revitalization Tax Exemptions (82 KB)
Amendments to Municipal Financial Plans and Revitalization Tax Exemptions

The Local Government Department collects information about municipal tax rates and tax revenues and each municipality must submit their rates by May 15 each year.

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Ministry of Community and Rural Development - Local Government Dept.

Fees and Charges

Local governments use fees and charges as an alternative to property taxation for generating revenue. Typically, fees and charges are used for recovering the cost of services, or for using municipal property. For example, user fees are usually charged for sewer, water, and garbage collection. Charges are often required when applying for a building permit or a business license. In addition, fees and charges are common when using public transit, using recreation facilities and renting local government property.

Fees and charges can be a one-time amount or they can be varied according to different factors. For instance, a bus pass could be purchased that is good for one month, or a rider could choose to pay the fare each time they ride the bus. In addition, different amounts can be owing depending on the distance travelled.

The amount of a fee or charge is chosen to provide enough money to recover costs and ensure the service will continue in the future. Fees are generally applied on a user-pay basis so that those who benefit from the service, bear the cost of it. For instance, a property owner may be charged directly for the cost of fire personnel responding to a false alarm so that this cost does not have to be shared by all property owners. Local governments must make available to the public, on request, a report showing how a fee was determined.

In some special cases, fees and charges are restricted by legislation. One such charge is interest. The rate and method of interest calculation for money owing to a local government is typically set by the province through legislation or regulation. Such provincially set interest calculations include interest on refunds of tax overpayments and interest rate on taxes in arrears or delinquent taxes. A local government can only establish the method for calculating interest if the province has not done so.

Fees for the deposit or removal of soil are also legislatively restricted. To apply these fees, council must create a bylaw which does not become valid until it has received approval by the minister.

Most fees imposed by a local government that are unpaid form a lien on the land and its improvements and they can be collected as taxes and taxes in arrear.

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to December 2, 2009

Part 24 — Regional Districts

Division 3 — Government and Procedure

Procedure, bylaws and enforcement

794

(4) Division 2 [Challenge of Bylaws] of Part 6 applies to regional districts.

(5) The following provisions of the Community Charter apply to regional districts:

section 97 [other records to which public access must be provided];

section 122 [exercise of powers by bylaw or resolution];

section 134 [authority to compel witnesses];

Division 3 [Bylaw Procedures] of Part 5;

section 162 [certified copies of municipal records];

section 163 [evidence of municipal bylaws and other records].

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to December 2, 2009

Part 15 — Specific Regional District Service Powers

Division 7 — Waste and Recycling

Authority in relation to waste disposal and recycling services

550 A board may, by bylaw, do one or more of the following:

(a) require persons to use a waste disposal or recycling service, including requiring persons to use a waste disposal or recycling service provided by or on behalf of the regional district;

(b) require owners or occupiers of real property to remove trade waste, garbage, rubbish and other matter from their property and take it to a specified place;

(c) require the emptying, cleansing and disinfecting of private drains, cesspools, septic tanks and outhouses, and the removal and disposal of refuse from them.

-----------------------

Part 24 — Regional Districts

Division 1.1 — Continuation of Regional Districts and Services

Division 4 — Services and Powers

Division 4.1 — Establishing Bylaws

Division 4.2 — Cost Recovery for Services

Division 4.3 — Requisition and Tax Collection

Division 4.4 — Tax Rates and Exemptions

Division 4.5 — Dispute Resolution in Relation to Services

Division 5 — Financial Operations

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B.C. Reg. 113/2007
M98/2007 Deposited May 8, 2007

Local Government Act
Regional Districts Establishing Bylaw
Approval Exemption Regulation

Contents
1 Definitions
2 Exemption — bylaw amending service area boundary
3 Exemption — bylaw increasing requisition limit

Definitions
1 In this regulation, "Act" means the Local Government Act.

Exemption — bylaw amending service area boundary
2 (1) An amendment to an establishing bylaw that changes the boundaries of a service area by one or both of the following is exempt from the requirement for the inspector's approval under section 802 (3) of the Act:

(a) adding parcels to the service area;

(b) removing parcels from the service area.

(2) An exemption under subsection (1) applies only if

(a) the owners of parcels to be added, parcels to be removed or both, as the case may be, submit a petition to the regional district to change the boundaries of the service area, and

(b) at least 2/3 of the participants consent to the amendment.

(3) Each page of a petition referred to in subsection (2) (a) must do the following:

(a) describe in general terms the service that is provided;

(b) define the boundaries of the proposed amended service area;

(c) in the case of a petition to add parcels to a service area, indicate in general terms the proposed method for recovering annual costs;

(d) contain other information that the board may require

(4) In order to be certified as sufficient and valid for the purposes of this section, a petition must satisfy the following requirements:

(a) the petition must be signed by the owners of the parcels, as follows:

(i) for a petition to add parcels to a service area, by at least 50% of the owners of parcels to be added;

(ii) for a petition to remove parcels from a service area, by at least 50% of the owners of the parcels to be removed;

(b) the persons signing the applicable petition must be the owners that in total represent

(i) for a petition to add parcels to the service area, 50% of the net taxable value of all land and improvements in or on the parcels to be added, or

(ii) for a petition to remove parcels from a service area, 50% of the net taxable value of all land and improvements in or on the parcels to be removed.

(5) Section 212 (4) to (6) [rules in relation to petition for local area service] of the Community Charter applies to a petition under subsections (2) to (4).

Exemption — bylaw increasing requisition limit
3 (1) In this section:

(a) the date an establishing bylaw is first adopted in accordance with section 801 of the Act, and

(b) the date 5 years before the date of the third reading of a bylaw proposing the amendment of the maximum amount that may be requisitioned for a service;

"baseline value" means

(a) for a maximum amount set under section 800.1 (1) (e) (i) of the Act [dollar limit], the maximum amount set at the baseline date,

(b) for a maximum amount set under section 800.1 (1) (e) (ii) of the Act [rate limit], the maximum amount obtained by multiplying the property value tax rate at the baseline date by the most recent net taxable value for the service area in the baseline year, or

(c) for a maximum amount set under section 800.1 (1) (e) (iii) of the Act [dollar limit and rate limit], the greater of the baseline values described in paragraph (a) and (b);

"baseline year" means the calendar year in which the baseline date occurs.

(2) The inspector's approval under section 802 (3) of the Act is not required for an amendment to an establishing bylaw that increases the maximum amount that may be requisitioned under the bylaw by an amount less than or equal to 25% of the baseline value.

[Provisions of the Local Government Act, R.S.B.C. 1996, c. 323, relevant to the enactment of this regulation: section 799.2 (2)]

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